                Mellanox Firmware Tool (MFT)
                    Software: 
                End-User Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS MELLANOX 
END USER LICENSE AGREEMENT (THIS “AGREEMENT”) BEFORE INSTALLING 
OR USING THE MELLANOX SOFTWARE. THE MELLANOX SOFTWARE, WHICH 
INCLUDES ALL COMPUTER SOFTWARE IN BINARY FORM THAT IS DELIVERED 
TO LICENSEE, GENERALLY DESCRIBED AS THE MELLANOX FIRMWARE TOOL                    
(MFT) SOFTWARE, AND ALL INTELLECTUAL PROPERTY RIGHTS THEREIN OR 
THERETO AND ANY ASSOCIATED MEDIA AND PRINTED MATERIALS, AND ANY 
“ONLINE” OR ELECTRONIC DOCUMENTATION, IS REFERRED TO HEREIN AS 
THE “SOFTWARE”. INSTALLATION OR USAGE OF THE SOFTWARE INDICATES 
YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT, AND CREATES 
A LEGAL AND BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL 
OR AN ENTITY) (“YOU” OR “LICENSEE”) AND MELLANOX TECHNOLOGIES LTD. 
AND ITS AFFILIATES (“MELLANOX”). IF YOU DO NOT AGREE WITH 
THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHALL NOT USE OR 
COPY THIS SOFTWARE PRODUCT AND YOU MUST PROMPTLY RETURN 
THIS PACKAGE TO MELLANOX. 

1. General
   Each copy of the Software is intended for use only in conjunction 
   with Mellanox’s hardware products (“Mellanox Products”) 
   and is subject to the terms of this Agreement.

2. Grant of License
   Subject to the terms and conditions of this Agreement, Mellanox 
   grants you a personal, non-exclusive, non-transferable license 
   to use, view, copy, print, and distribute software and 
   accompanying documentation subject to the following conditions:
   (i) The Software and any accompanying documentation may 
       be used solely to support Mellanox Products;     
   (ii)You may distribute the Software and accompanying documentation 
       solely as integrated with or installed on Your products that 
       incorporate the Mellanox Products.

3. Restrictions; License Back
   Except as expressly authorized herein, You are prohibited from and 
   shall not cause or permit any: (1) copying or modification of 
   the Software or documentation; (2) creating derivative works 
   based on all or any portion of the Software; (3) removal or 
   modification of any notice of any patent, copyright, trademark or 
   other proprietary rights that appear on or in the Software; 
   (4) reverse engineering, decompilation, translation, disassembly 
   or discovery of the source code of all or any portion of the 
   Software provided in binary form; or (5)  distributed, republished 
   or otherwise exploited in any form or by any means for any purpose 
   without the prior written permission of Mellanox.

   Notwithstanding the foregoing, you may, upon Mellanox written consent, 
   modify the Software to eliminate bugs, facilitate porting of the software 
   to a given platform, or to achieve any other purpose approved in 
   writing by Mellanox. You agree to provide Mellanox with any such 
   modifications, including improvements, within thirty (30) days of Mellanox’ 
   request for such modifications and improvements. You hereby grant 
   to Mellanox a non-exclusive, fully paid-up, royalty-free, worldwide 
   license to use and distribute any such modifications and improvement 
   without restrictions.

4.  NO WARRANTY
4.1 MELLANOX FURNISHES THE SOFTWARE AND THE DOCUMENTATION TO YOU “AS IS,” 
    UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND. MELLANOX DISCLAIMS ALL WARRANTIES, 
    EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES 
    OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, 
    AND THOSE ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR 
    TRADE USAGE. MELLANOX SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT, 
    DEFICIENCY OR NONCONFORMITY IN THE SOFTWARE, THE DOCUMENTATION OR 
    THE EXPLANATORY MATERIALS.
4.2 Without limiting the foregoing, the Software provided under this Agreement 
    may be distributed with certain freeware, open source or other third party 
    components ("Open Source Software") which, if included, are provided pursuant 
    to the terms of the applicable Open Source License governing its use and 
    distribution. Please see the links provided in the Third Party Free Software 
    Rights Notice for such Open Source License terms. MELLANOX THEREFORE PROVIDES 
    SUCH OPEN SOURCE SOFTWARE ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER 
    AND HEREBY EXPRESSLY DISCLAIMS WITH RESPECT TO ANY OPEN SOURCE SOFTWARE AND 
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) ALL WARRANTIES, 
    WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE 
    IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND 
    NON-INFRINGEMENT; AND (B) ALL LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, 
    SPECIAL, COVER, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING 
    WITHOUT LIMITATION LOST DATA OR LOST PROFITS, HOWEVER ARISING, WHETHER BASED 
    IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN WHERE ADVISED OF THE 
    POSSIBILITY OF SUCH DAMAGES.  

5.  Limitation of Liability
    IN NO EVENT SHALL MELLANOX BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, 
    CONSEQUENTIAL, PUNITIVE OR ANY OTHER INDIRECT OR DIRECT DAMAGES, INCLUDING, 
    WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, 
    LOSS OF BUSINESS INFORMATION, NEGLIGENCE OR ANY OTHER PECUNIARY LOSS HOWEVER 
    CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING FROM THE USE OF, 
    OR INABILITY TO USE, THE SOFTWARE OR RELATED COMPONENTS OR DOCUMENTATION, 
    EVEN IF  MELLANOX OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED 
    OF THE POSSIBILITY OF SUCH DAMAGES. 

6.  Qualifications and Limitations Basis of Bargain
    The limited warranty, exclusive remedies and limited liability provisions set 
    forth herein are fundamental elements of the basis of the Agreement between 
    Mellanox and you, and you accept and confirm that Mellanox would not be able 
    to provide the Software Product on an economic basis without such limitations. 

7.  Term; Termination  
    This Agreement is effective upon installation or use of the Software and shall 
    continue until terminated. This Agreement shall automatically terminate upon 
    your breach of sections 1, 2 or 3. Without prejudice to any other rights, 
    Mellanox may terminate this Agreement if you fail to comply with any other terms 
    and conditions of this Agreement. In the event of termination, you must destroy 
    all copies of the Software and all of its components parts. Sections 3, 4, 5, 
    and 8, through 12 will survive termination of this Agreement for any reason.

8.  Title; Trademarks
8.1 Except as specifically permitted herein, no portion of the Software, including 
    but not limited to object code and source code, the documentation and any other 
    printed materials accompanying the Software, may be reproduced, modified, 
    distributed, republished or otherwise exploited in an form or by any means for 
    any purpose without the prior written permission of Mellanox.  
8.2 Subject to section 8.4 below, all rights and title in and to the Software, 
    the documentation and any change, enhancement, addition, correction, modification 
    and/or derivative work of the Software Product, whether made by Mellanox or by you, 
    are owned exclusively by Mellanox. The Software Product is protected by copyright 
    laws and international treaty provisions.  
8.3 The name Mellanox, MFT and all other trademarks, service marks, trade names, and 
    logos of Mellanox are owned by Mellanox, and may not be used in connection with 
    any product or service that is not Mellanox’ without the prior written consent 
    of Mellanox. All other trademarks, service marks, trade names, or logos cited 
    herein are the property of their respective owners.
8.4 This Software Product operates or interfaces with certain third party free software 
    programs, the details, and the limitations applying to the use, of which, are set 
    forth in the “Third Party Free Software Rights Notice” attached hereto. 
    If you wish to obtain source code pursuant to GPL or LGPL licenses for the items 
    listed in the attached, please contact Mellanox at the address detailed at:  
    http://www.mellanox.com/content/pages.php?pg=support_index.    
 
9.  Ownership
    MELLANOX retains all title, ownership, interests and intellectual property rights 
    in and to the Software and documentation and deems the Software and the documentation 
    to be confidential information. To the extent the Software contains any materials 
    licensed from third parties, third party suppliers may own such licensed materials. 
    MELLANOX retains all rights not expressly granted to Licensee in this Agreement. 
    Licensee agrees to protect and maintain the confidentiality of the Software, 
    and not to disclose the Software to any third parties except as expressly permitted 
    in this Agreement. Licensee acknowledges that its breach of confidentiality shall 
    cause MELLANOX irreparable injury and entitle MELLANOX to obtain equitable relief, 
    in addition to all other remedies available to it. Licensee further acknowledges 
    that Licensee is acquiring only a limited license to use the Software and not any 
    title to or ownership of the Software or any part thereof and that the Software is 
    proprietary to and copyrighted by MELLANOX. 
    MELLANOX SOFTWARE IS COPYRIGHTED AND LICENSED, NOT SOLD.

10. Product Support
    Product support for the Software Product is provided by Mellanox or it authorized 
    agents under a separate agreement, in accordance with Mellanox’ standard support and 
    maintenance terms and conditions. For product support, please refer to Mellanox 
    support number provided in the documentation. 

11. Governing Law and Jurisdiction
    This Agreement shall be construed and governed in accordance with the laws of the 
    State of Israel, regardless of its conflict of laws rules, and the competent courts 
    in Tel Aviv, Israel shall have permissive jurisdiction over any dispute under this 
    Agreement or otherwise related to the Software Product.

12. Entire Agreement
    This agreement is the complete and exclusive agreement between you and Mellanox, 
    and it supersedes any prior proposal, representation or understanding between the 
    parties, oral or written, and any other communication relating to the subject 
    matter of this agreement.

                Mellanox Firmware Tool Software:
                Third Party Free Software Rights Notice
Mellanox Software includes the following open source/ freeware that are 
subject to specific license conditions listed therein:
    Component                                   Version     Link to License                              License Type                                        Link Type
    7 Zip - 7-Zip                               Generic    http://www.7-zip.org/                         LGPL v2.1                                           Dynamic
    csvparser                                   Generic    http://github.com/ChristophGr/csvparser/      BSD 2-clause "Simplified" License                   Dynamic
    curl                                        7.37.0     http://curl.haxx.se/docs/copyright.html       MIT License                                         Dynamic
    boost                                       Generic    http://www.boost.org/users/license.html       BSD                                                 Dynamic
    i2c-lcdd                                    Generic    http://github.com/hugovincent/i2c-lcdd/       GPL 2.0                                             Dynamic
    iniparser                                   Generic    http://github.com/ndevilla/iniparser/         MIT License                                         Dynamic
    json-cpp                                    Generic    http://sourceforge.net/projects/jsoncpp/      Public Domain                                       Dynamic
    LSE/OS nano-kernel                          Generic    http://sourceforge.net/projects/lseos/        BSD 3-clause "New" or "Revised"License              Dynamic
    Minizip                                     Generic    http://www.winimage.com/zLibDll/minizip.html  zlib License                                        Dynamic
    OpenFabrics Enterprise Distribution         1.5.4-rc1  http://www.openfabrics.org/                   GNU General Public License v2.0 only                Dynamic
    openssl                                     Generic    https://www.openssl.org/source/license.html   BSD 3-clause "New" or "Revised" License             Dynamic
    strawberry-perl                             Generic    http://strawberryperl.com/                    GPL 2.0                                             Dynamic
    Tcl/Tk                                      Generic    http://tcl.sourceforge.net/                   TCL/TK License                                      Dynamic
    uthash                                      1.9.3      http://sourceforge.net/projects/uthash/       MIT License                                         Dynamic
    xz-embedded                                 Generic    http://github.com/nobled/xz-embedded/         GPL 2.0                                             Dynamic
    yi01lib                                     Generic    http://code.google.com/p/yi01lib/             MIT License                                         Dynamic
    zlib                                        Generic    http://www.zlib.net                           zlib License                                        Dynamic
